Brief Description: The Board of Nursing proposes to update regulations regarding advanced practice nurse practitioner disciplinary guidelines and standards of practice for telehealth.
The Board of Nursing (Board) proposes to adopt regulation changes in Title 12, Chapter 44 of the Alaska Administrative Code including the following:
- 12 AAC 44.720. Disciplinary guidelines, is proposed to be amended to update language and to add a new subsection to clarify that a civil fine of up to $5,000 may be imposed on a licensee for each finding by the board of a cause of discipline, in conformance with AS 08.01.075(a)(8).
- 12 AAC 44.925. Standards of practice for telehealth, is proposed to be amended to update the standards of practice by an advanced practice registered nurse providing services via telehealth, to align regulations with recent changes in state law (Chapter 38 SLA 2022).
You may comment on the proposed regulation changes, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/212300 and using the comment link. The comments must be received not later than 4:30 p.m. on September 26, 2023. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Stefanie Davis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Stefanie Davis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than September 19, 2023 to ensure that any necessary accommodation can be provided.
A copy of the proposed regulation changes is available on the Alaska Online Public Notice System and by contacting Stefanie Davis at (907) 465-2537, RegulationsAndPublicComment@alaska.gov, or at https://www.commerce.alaska.gov/web/portals/5/pub/NUR-0223.pdf.
A copy of material proposed for adoption by reference is available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx, or go to https://www.commerce.alaska.gov/web/portals/5/pub/AANPPositionStatement-Telehealth2022.pdf.
After the public comment period ends, the Board will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulation may be different from that of the proposed regulation. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.68.100; AS 08.68.270
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.01.075; AS 08.68.100; AS 08.68.270; AS 08.68.275
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
DATE: 8/24/2023
Stefanie Davis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Board of Nursing - Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Disciplinary guidelines and standards of practice for telehealth.
3. Citation of regulation: 12 AAC 44.720 and 12 AAC 44.925.
4. Department of Law file number: 2023200075
5. Reason for the proposed action: Update and clarification of current regulations; compliance with state statute.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2024 or in subsequent years.
9. The name of the contact person for the regulation:
Patty Wolf, MSN, RNC-OB, Executive Administrator
Alaska Board of Nursing
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8194
E-mail: patty.wolf@alaska.gov
10. The origin of the proposed action: Staff of state agency.
11. Date: 8/24/2023
Prepared by: Stefanie Davis
Regulations Specialist